To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOREITH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1999
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
2000
VOLUME LXXII
Part II

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOREITH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A.D.
1999
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A.D.
2000
VOLUME LXXII
Part II
Chapter 268
Vol .72
CHAPTER 268
FORMERLY
HOUSE BILL NO. 452
AN ACT TO AMEND CHAPTER 258, VOLUME 72, LAWS OF DELAWARE; AND RELATING TO THE
COMMUNITY REDEVELOPMENT FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE
Section I. Amend §3, Chapter 258, Volume 72, Laws of Delaware by deleting the phrase "Seventy Million
Dollars ($70,000,000)" as it appears therein and substituting in lieu thereof "Seventy Million Six Hundred Twenty
Thousand Dollars ($70,620,000)". Further amend §3, Chapter 258, Volume 72, Laws of Delaware by deleting the
amount "$65,000,000" as it appears therein and substituting in lieu thereof "$65,620,000", and by recalculating all
totals therein.
Section 2. Amend Chapter 258, Volume 72, Laws of Delaware by redesignating Sections 81 through 143 as
Sections 82 through 144 and inserting a new Section 81 on page 35 to read as follows:
"Smyrna Readiness Center Construction. With the exception of architectural design fees, none of Ilw
funds appropriated for the Smynra Readiness Center Construction may be expended until the appropriate Federal
match has been authorized."
Section 3. Amend §3, Chapter 258, Volume 72, Laws of Delaware by deleting the following:
and further amend the Section I Addendum by adjusting the project listing as amended herein.
Section 4. The Metropolitan Wilmington Urban League is hereby deemed to have been operating as a non-profit
organization for two years as of July 1, 1999 in order to receive Community Redevelopment funds pursuant to
§6102A, Title 29, Delaware Code.
Approved February 04, 2000
492
Maximum
11mm State Share Local Share Total Cost
Milford, Construct New Banneker
Elementary, (78/22) 4,000,000 1,128,200 5,128,200"
as it appears therein and by substituting in lieu thereof:
41 Maximum
Plum State Share Local Share Total Cost
Milford, Construct New Banneker
Elementary, (78/22) 317,742 89,615 407,357
Milford, Renovate Milford High (78/22) 3,682,258 1,038,585 5,128,200"
Chapter 269
Vol.72
CHAPTER 269
FORMERLY
SENATE BILL NO. 282
AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE BY ESTABLISHING A JUNETEENTH
NATIONAL FREEDOM DAY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE
WHEREAS, more that 130 years old, Juneteenth National Freedom Day is the oldest and only African-
American holiday observance in the United States. Also known as "Emancipation Day," "Emancipation
Celebration," "Freedom Day," "Jun-Jun" and "Juncteenth." Juneteenth National Freedom Day commemorates the
strong survival instinct of African-Americans who were first brought to this country stacked in the bottom of slave
ships in a month-long journey across the Atlantic Ocean known as the "Middle Passage.", and
WHEREAS, approximately eleven and one-half million African-Americans survived the voyage to the
New World - the number that died is likely greater - only to be subjected to whipping, castration, branding and rape,
and forced to submit to slavery for more than 200 years after arrival in the United States; and
WHEREAS, events in the history of the United Slates which led to the Civil War of 1861 centered around
sectional differences between the North and South that were based on the economic and social divergence caused by
the existence of slavery; and
WHEREAS, Abraham Lincoln was inaugurated as President of the United States in 1861. As President,
Lincoln believed and stated that the paramount object of the Civil War was to save the Union rather than save or
destroy slavery. Yet Lincoln has stated his wish that "all men everywhere could be free," thus adding to a growing
anticipation by slaves that their ultimate liberation was at hand; and
WHEREAS, in 1862, the first clear signs that the end of slavery was imminent came when laws abolishing
slavery in the territories of Oklahoma, Nebraska, Colorado and New Mexico were passed. In September of that same
year, President Lincoln warned the eleven rebellious Confederate States that if they did not return to the Union by
January I, 1863, he would declare their slaves "forever free" via the celebrated "Emancipated Proclamation:" and
WHEREAS, enforcement of the "Emancipation Proclamation," however, only occurred in Confederate
States under Union Army control. Congress subsequently passed the Thirteenth Amendment to the Constitution on
January 31, 1865, abolishing slavery throughout the United States and its territories. News of this action reached the
slates at different times, and it was not until June 19, 1865, that the message of freedom reached the slaves in Texas,
Oklahoma, Louisiana, Arkansas and California; and
WHEREAS, spontaneous celebration erupted throughout the country when African-Americans learned of
their freedom. Juneteenth National Freedom Day demonstrates that slavery hated slavery and celebrated its
abolishment with excitement and great joy. It is a reminder to all Americans of the status and importance of
Americans of African descent as American citizens.
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Chapter 6, Title 1 of the Delaware Code by adding a new section to read as follows:
"Section 604. Juneteenth National Freedom Day
The following day shall be commemorated in this State by appropriate ceremonies: The
third Saturday of June, known as Juneteenth National Freedom Day."
Approved February 18, 2000
493
Chapter 270
Vo1.72
CHAPTER 270
FORMERLY
SENATE BILL NO. 283
AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY IN THE
TOWN OF GEORGETOWN, SUSSEX COUNTY, COMMONLY REFERRED TO AS THE "BRICK
HOTEL".
WHEREAS, the State of Delaware acquired property formerly owned by Wilmington Trust Company on
the Circle in Georgetown, DE, commonly referred to as the "Brick Hotel", with the intention of developing a new
Court of Chancery facility; and
WHEREAS, certain physical characteristics of the "Brick Hotel" are not ideal for conversion for the
purposes of the judiciary without extensive modification to the original structure; and
WHEREAS, there has proven to be substantial sentiment within the community toward seeing the structure
remain intact; and
WHEREAS, a satisfactory substitute property is available within close proximity; the owners of said
property are desirous of exchanging their property for that of the State; and the owners have confirmed their
intention of preserving the "Brick Hotel" structure.
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Three-fourths of all
members elected to each house thereof concurring therein)
Section 1. Notwithstanding any provisions to the contrary, including those contained in Title 29,
Chapter 94 of the Delaware Code relating to surplus property, the Department of Administrative Services is
authorized to negotiate the disposition of the former Wilmington Trust property (including all or part of tax parcels
1-35-14.20.154 and 146) in exchange for that of the H.P. Layton Family Partnership (identified as tax parcel 1-35-
14.20.197).
Section 2. The Department of Administrative Services is further authorized and empowered to execute and
deliver to the H.P. Layton Family Partnership or its designee such documents as shall be necessary to complete the
exchange of properties.
Section 3. As a condition of the transaction described herein, the Brick Hotel structure shall be protected
by a preservation easement pursuant to the provisions of Chapter 69 of Title 7 of the Delaware Code in a form and
substance which is acceptable to the Division of Historical and Cultural Affairs and the Partnership. The
preservation easement shall be granted to and held by the State or a qualified non-profit organization.
Section 4. This bill shall become effective upon enactment.
Approved February 18, 2000
494
Chapter 271
Vol.72
CHAPTER 271
FORMERLY
HOUSE BILL NO. 373
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND
SENATE AMENDMENT NOS. I AND 2
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO POLICE OFFICERS' AND
FIREFIGHTERS' EMPLOYMENT RELATIONS ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1602(h), Title 19 of the Delaware Code by striking this section in its entirety and
substituting in lieu thereof the following:
"(h) 'Binding Interest Arbitration' means the procedure by which the Public Employment Relations
Board shall make written findings of fact and a decision for final and binding resolution of an impasse arising
out of collective bargaining.".
Section 2. Amend § 1613(b), Title 19 of the Delaware Code by striking the word "fact-finders" in
the first and second sentence and substituting in lieu thereof the words "binding interest arbitrators".
Section 3. Amend § 1614(c), Title 19 of the Delaware Code by striking the word "fact-finding" in the first,
second and third sentence and substituting in lieu thereof the words "binding interest arbitration".
Section 4. Amend § 1615, Title 19 of the Delaware Code by striking it in its entirety and substituting in lieu
thereof the following:
"§ 1615. Binding Interest Arbitration.
"(a) Within 7 working days of receipt of a petition or recommendation to initiate binding
interest arbitration, the Board shall make a determination, with or without a formal hearing, as to
whether a good faith effort has been made by both parties to resolve their labor dispute through
negotiations and mediation and as to whether the initiation of binding interest arbitration would be
appropriate and in the public interest; except that any discretionary subject shall not be subject to
binding interest arbitration.
Pursuant to Section 4006(1), Title 14 of this Code, the Board shall appoint the Executive Director
or his/her designee to act as binding interest arbitrator. Such delegation shall not limit a party's right to
appeal to the Board.
The binding interest arbitrator shall hold hearings in order to define the area or areas of dispute, to
determine facts relating to the dispute and to render a decision on unresolved contract issues. The hearings
shall be held at times, dates and places to be established by the binding interest arbitrator in accordance
with rules promulgated by the Board. The binding interest arbitrator shall be empowered to administer
oaths and issue subpoenas On behalf of the parties to the dispute or on the binding interest arbitrators' own
behalf.
The binding interest arbitrator shall make written findings of facts and a decision for the
resolution of the dispute; provided however, that the decision shall be limited to a determination of which
of the parties' last, best, final offers shall be accepted in its entirety. In arriving at a determination, the
binding interest arbitrator shall specify the basis for the binding interest arbitrator's findings, taking into
consideration, in addition to any other relevant factors, the following:
The interests and welfare of the public.
Comparison of the wages, salaries, benefits, hours and conditions of employment of the
employees involved in the binding interest arbitration proceedings with the wages, salaries, benefits,
hours and conditions of employment of other employees performing the same or similar services or
requiring similar skills under similar working conditions in the same community and in comparable
495
Chapter 271
Vol.72
communities and with other employees generally in the same community and in comparable
communities.
The overall compensation presently received by the employees inclusive of direct wages,
salary, vacations, holidays, excused leaves, insurance and pensions, medical and hospitalization
benefits, the continuity and stability of employment and all other benefits received.
Stipulations of the parties.
The lawful authority of the public employer.
The financial ability of the public employer based on existing revenues, to meet the costs of
any proposed settlements; provided that, any enhancement to such financial ability derived from
savings experienced by such public employer as a result of a strike shall not be considered by the
binding interest arbitrator.
Such other factors not confined to the foregoing which are normally or traditionally taken
into consideration in the determination of wages, hours and conditions of employment through
voluntary collective bargaining, mediation, binding interest arbitration or otherwise between parties,
in the public service or in private employment.
In making determinations, the binding interest arbitrator shall give due weight to each relevant
factor. All of the above factors shall be presumed relevant. If any factor is found not to be relevant,
the binding interest arbitrator shall detail in the binding interest arbitrator's findings the specific
reason why that factor is not judged relevant in arriving at the binding interest arbitrator's
determination. With the exception of paragragh (6) of this subsection, no single factor in this
subsection, shall be dispositive.
Within 30 days after the conclusion of the hearings but not later than 120 days from the day
of appointment, the binding interest arbitrator shall serve the binding interest arbitrator's written
determination for resolution of the dispute on the public employer, the certified exclusive
representative and the Board. The decision of the binding interest arbitrator shall become an order of
the Board within five (5) business days after it has been served on the parties.
The cost of binding interest arbitration shall be borne equally by the parties involved in the
dispute.
Nothing in this chapter shall be construed to prohibit or otherwise impede a public employer
and certified exclusive representative from continuing to bargain in good faith over terms and
conditions of employment or from using the services of a mediator at any time during the conduct of
collective bargaining. If, at any point in the impasse proceedings invoked under this chapter, the
parties are able to conclude their labor dispute with a voluntarily reached agreement, the Board shall
be so notified, and all impasse resolution proceedings shall be forthwith terminated.".
Section 5. Amend §I609 of Title 19 of the Delaware Code by inserting 'or §1615' after '1608' and before
'or in the first sentence of that section.
Section 6. Amend § 1609(a) of Title 19 of the Delaware Code by inserting the words "or party" after the
word "person" and by inserting "or § 1615" between "1608 and "of' in the first sentence thereof.
Section 7. Amend § 1609(b) of Title 19 of the Delaware Code by inserting the words "or § 1615" between
1608" and "of' in that section.
Section 7. This Act shall sunset four years after it is enacted into law,
Approved March 28, 2000
496
Chapter 272
Vol.72
CHAPTER 272
FORMERLY
HOUSE BILL NO. 375
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND
SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND T/TLE 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC EMPLOYMENT
RELATIONS ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 13020), Title 1.9 of the Delaware Code by striking this section in its entirety and
substituting in lieu thereof the following:
"(j) 'Binding Interest Arbitration' means the procedure by which the Public Employment Relations
Board shall make written findings of fact and a decision for final and binding resolution of an impasse arising
out of collective bargaining.".
Section 2. Amend § I313(b), Title 19 of the Delaware Code by striking the word "fact-finders" in
the first and second sentence and substituting in lieu thereof the words "binding interest arbitrators".
Section 3. Amend § 1314(c), Title 19 of the Delaware Code by striking the word "fact-finding" in the first,
second and third sentence and substituting in lieu thereof the words "binding interest arbitration".
Section 4. Amend § 1315, Title 19 of the Delaware Code by striking it in its entirety and substituting in lieu
thereof the following:
"§ 1315. Binding Interest Arbitration.
"(a) Within 7 working days of receipt of a petition or recommendation to initiate binding
interest arbitration, the Board shall make a determination, with or without a formal hearing, as to
whether a good faith effort has been made by both parties to resolve their labor dispute through
negotiations and mediation and as to whether the initiation of binding interest arbitration would be
appropriate and in the public interest; except that any discretionary subject shall not be subject to
binding interest arbitration.
Pursuant to Section 400601 Title 14 of this Code, the Board shall appoint the Executive Director
or hislher designee to act as binding interest arbitrator. Such delegation shall not limit a party's right to
appeal to the Board.
The binding interest arbitrator shall hold hearings in order to define the area or areas of dispute, to
determine facts relating to the dispute and to render a decision on unresolved contract issues. The hearings
shall be held at times, dates arid places to be established by the binding interest arbitrator in accordance
with rules promulgated by the Board. The binding interest arbitrator shall be empowered to administer
oaths and issue subpoenas on behalf of the parties to the dispute or on the binding interest arbitrators' own
behalf.
The binding, interest arbitrator shall make written findings of facts and a decision for the
resolution of the dispute; provided however, that the decision shall be limited to a determination of which
of the parties' last, best, final offers shall be accepted in its entirety. In arriving at is determination, the
binding interest arbitrator shall specify the basis for the binding interest arbitrator's findings, taking into
consideration, in addition to any other relevant factors, the following:
The interests and welfare of the public
Comparison of the wages, salaries, benefits, hours and conditions of employment of the
employees involved in the binding interest arbitration proceedings with the wages, salaries, benefits,
hours and conditions of employment of other employees performing the same or similar services or
requiring similar skills under similar working conditions in the same community and in comparable
497
Chapter 272
Vol.72
communities and with other employees generally in the same community and in comparable
communities.
The overall compensation presently received by the employees inclusive of direct wages,
saltily, vacations, holidays, excused leaves, insurance and pensions, medical and hospitalization
benefits, the continuity and stability of employment and all other benefits received.
Stipulations of the parties.
The lawful authority of the public employer.
The financial ability of the public employer based on existing revenues, to meet the costs of
any proposed settlements; provided that, any enhancement to such financial ability derived from
savings experienced by such public employer as a result of a strike shall not be considered by the
binding interest arbitrator.
Such other factors not confined to the foregoing which are normally or traditionally taken
into consideration in the determination of wages, hours and conditions of employment through
voluntary collective bargaining, mediation, binding interest arbitration or otherwise between parties,
in the public service or in private employment.
In making determinations, the binding interest arbitrator shall give due weight to each relevant
factor. All of the above factors shall be presumed relevant. If any factor is found not to be relevant,
the binding interest arbitrator shall detail in the binding interest arbitrator's findings the specific
reason why that factor is not judged relevant in arriving at the binding interest arbitrator's
determination. With the exception of paragragh (6) of this subsection, no single factor in this
subsection, shall be dispositive.
Within 30 days after the conclusion of the hearings but not later than 120 days front the day
of appointment, the binding interest arbitrator shall serve the binding interest arbitrator's written
determination for resolution of the dispute on the public employer, the certified exclusive
representative and the Board. The decision of the binding interest arbitrator shall become an order of
the Board within five (5) business days after it has been served on the parties.
The cost of binding interest arbitration shall be borne equally by the parties involved in the
dispute.
Nothing in this chapter shall be construed to prohibit or otherwise impede a public employer
and certified exclusive representative from continuing to bargain in good faith over terms and
conditions of employment or from using the services of a mediator at any time during the conduct of
collective bargaining. If, at any point in the impasse proceedings invoked under this chapter, the
parties are able to conclude their labor dispute with a voluntarily reached agreement, the Board shall
be so notified, and all impasse resolution proceedings shall be forthwith terminated.".
Section 5. Amend § 1309 of Title 19 of the Delaware Code by inserting 'or § 1315' after '1308' and before 'of in
the first sentence of that section.
Section 6.. Amend §1309(b) of Title 19 of the Delaware Code by inserting the words "or §1315" between "1308"
and "of' in that section.
Section 7. This Act shall sunset four years after it is enacted into law.
Approved March 28, 2000
498
Chapter 273
Vol.72
CHAPTER 273
FORMERLY
HOUSE BILL NO. 150
AS AMENDED BY SENATE AMENDMENT NOS. I AND 2
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF
CORRECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Title 29 of the Delaware Code by enacting the following as a new section 8926 entitled
"Correctional Officer Education Assistance Fund" as follows:
"§ 8926. Correctional Officer Education Assistance Fund.
Any correctional officer below the rank of Captain may avail themselves of the provisions of
this act to reimburse the tuition costs for higher education related to their position,
The classes will be reimbursed at 100% of the tuition paid following completion of the course
with a grade of "C" of better at a college or university within the State for classes related to corrections,
public safety, criminal justice, psychology or sociology or related fields. Related fields shall include any
courses necessary to complete a degree program in Criminal Justice, Corrections, Public Safety,
Psychology or Sociology.
In the event that the Department's annual appropriation for purposes of education
reimbursement is not sufficient to provide total reimbursement to all eligible employees, the Department
shall pro-rate the funds so that each eligible employee receives a share of the total annual appropriation
equal to the individual employee's reimbursable expenditure divided by the total reimbursable expenditure
of all employees in the Department multiplied by the annual appropriation." Section 2. The provisions of
this Act shall be applied retroactively to July I, 1999.
Approved April 04 2000
CHAPTER 274
FORMERLY
HOUSE BILL NO. 322
AS AMENDED BY HOUSE AMENDMENT NOS. I AND 2 AND
SENATE AMENDMENT NO. 1
AN ACT TO AMEND SECTION 1916 OF TITLE 14 OF THE DELAWARE CODE TO ESTABLISH A
DEADLINE FOR SCHOOL DISTRICTS TO FIX THE RATE OF TAXATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend § 1916(d), Title 14 of the Delaware Code by deleting it in its entirety and substituting
in lieu thereof the following:
"(d) 'Me board shall, no later than the second Thursday in July, deliver its warrant, with a
duplicate of the assessment list, to the receiver of taxes and county treasurer of the county or
counties where the district is located."
Section 2. This act shall become effective January 1, 2000.
Approved April 04, 2000
499
CHAPTER 275
FORMERLY
HOUSE BILL NO. 409
AS AMENDED BY HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS AND VOTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARB:
Section I. Amend *1906, Title 15 of the Delaware Code by striking the words "10 days"
wherever they appear and substituting in lieu thereof the words "20 days".
Section 2. Amend §2011(b), Title 15 of the Delaware Code by striking all the words after the
phrase "applicant shall sign the application" in the last sentence and substituting in lieu thereof the words "and one
registration officer shall sign his or her name in the space provided for that purpose on the application.
Section 3. Amend §2021(a), Title 15 of the Delaware Code by striking the words "The department
for each county shall conduct mobile registrations throughout its county on a regularly scheduled year-round basis,"
in the first sentence and substituting in lieu thereof the words "The department of election for each county shall
conduct mobile registration as it deems appropriate;"
Section 4. Amend §2047, Title 15 of the Delaware Code by adding a new subsection thereto as
follows:
"(6) The commissioner of elections shall promulgate rules and procedures by which the
departments of election may accept transfers of address from registered voters between the closing
of registration and the day of a primary, presidential primary, and general election both within
their offices and at other locations within their respective counties. Such rules and procedures
shall contain a provision by which a person so transferring his or her address in accordance with
those rules and procedures may appear at his or her proper polling place and vote without
completing the eligibility affidavit or envelope at the polling place as required ict subsections (1),
(2) or (3) of this section. The departments of elections in receipt of such transt'ers shall process
them as soon as practical."
Section 5. Amend § 2048, Title 15 of the Delaware Code by adding a new subsection thereto as follows:
"(c) The commissioner of elections shall promulgate rules and procedures by winch the
departments of election may accept changes of name from registered voters -between the closing of
registration and the day of a primary, presidential primary, and general election both within their office and
at other locations within their respective counties. Such rules and procedures shall contain a provision by
which a person so changing his or her name in accordance with those rules and procedures may appear at
his or her proper polling place and vote without completing the voter registration application at the polling
place as required in subsection (a) of this section. The _departments of elections in receipt of such
applications to change persons' names shall process them as soon as practical."
Section 6. Amend § 2049, Title 15 of the Delaware_ Code by adding a new section " to read as follows:
"(c) Applications received_ that change a person's political party affiliation during a
period which a person may not change his or her political party affiliation in accordance with provisions of
this title shall be held by the department of elections receiving the application and processed when the
period to change a person's political party affiliation reopens."
Section 7. Amend * 2050 (a) (4), Title 15 of the Delaware Code by deleting the last sentence in said
subsection and inserting in lieu thereof the following:
"If the applicant desires not to register to vote, the transmission of an electronic record will notify
the Department of Elections of the applicant's intention."
Chapter 275
V01.72
500
Chapter 275
V01.72
Section 8. Amend § 5503, Title 15 of the Delaware Code by striking said section in its entirety and
substituting in lieu thereof the following:
"§5503. Affidavits required of persons applying for absentee ballots.
Any voter desiring to receive an absentee ballot because he qualities under any
of the reasons set forth in §5502 of this title shall file an affidavit with the department of
elections for the county in which he/she is domiciled (hereinafter referred to as the
department), subscribed and sworn to by the voter before an officer authorized by law to
administer oaths; provided, however, that the affidavit of any voter desiring to receive an
absentee ballot because the person qualifies under any of the reasons set forth in § 5502 (1), §
5502 (2) or § 5502 (4) may be self-administered. The affidavit shall be dated during the
calendar year in which the election is to be held except that when a presidential primary
election is scheduled, the affidavit shall not be dated prior to August 15 of the year prior to the
year in which a President of the United States is to be elected. The voter shall indicate on the
affidavit for which election or elections he/she is requesting an absentee ballot. It the voter
does not indicate the election or elections for which he/she is requesting an absentee ballot, it
shall be presumed that the affidavit is for the next scheduled primary, special or general
election in which the voter is eligible to vote. An affidavit on which the person indicates that
the reason he/she is requesting to vote by absentee ballot is that he/she is temporarily or
permanently physically disabled or that lie or she qualifies under any of the reasons set forth §
5502 (1) or § 5502 (2) of this title shall be presumed to be for all elections in a calendar year
unless otherwise indicated on the affidavit. If the department is unable to determine the
election and/or elections for which a person is requesting an absentee ballot, they shall attempt
to contact the person in order to determine the person's intent. If time is of the essence and the
department is unable to contact the voter, the department's Administrative Director and
Deputy Administrative Director shall confer and determine the proper course of action,
The affidavit shall include places for the voter's name; the address of his/her
domicile in the State; the address to which the voter requests that the absentee ballot be
mailed; the voter's date of birth; the voter's social security number (optional); the person's
political party affiliation; the reason that the voter cannot appear at the regular polling place
for his/her election district on the day of the election; the voter's expected location on election
day to include, if available, a telephone number to assist in resolving any challenge; and the
voter's signature.
The affidavit shall be promulgated by the commissioner of elections and
personally approved by the attorney general of the State. The Federal Post Card Application
or its successor as promulgated by the Federal Voting Assistance Program or its successor
shall also be considered an affidavit as used in this chapter.
Affidavits for absentee ballots shall be filed at the department of elections for
the county in which the person filing the affidavit is domiciled.
Affidavits on which the voter's domicile is different than the address at which
the person is registered to vote within the State shall be used to transfer the person's
registration even if the affidavit is received after the last day to transfer registrations a
prescribed in Chapter 20 of this title.
Affidavits on which a voter indicates that lie/she has legally changed his/her
name shall be taken as authorization to transfer the voter's previous registration information
including his/her voting record to the new name. The department shall then use the affidavit to
make the change on the department's records even tithe affidavit is received after the last day
to change names as prescribed in Chapter 20 of this title.
Affidavits on which a person indicates a change in political party affiliation
received during is period in which changes in political party affiliation are closed shall be used
to change the person's political party affiliation when the period for changing political party
affiliation re-opens.
By filing an affidavit for an absentee ballot the voter is affirming under penalty
of perjury that the information on the affidavit is correct and true.
501
Chapter 275
Vol.72
(i) The department shall mail or deliver the official ballot, envelopes and
instructions to the voter as soon as possible after receiving an affidavit for an absentee ballot
but within three business days of such receipt."
(() Section 9. Amend § 208(b), Title 15 of the Delaware Code, by striking that
section in its entirety and substituting in lieu thereof the following:
"The Board of Elections for each county may conduct an organizational meeting for calendar year 2000 on
February 7, 2000, or as soon as practicable thereafter, and at that meeting shall elect one of their members to be
president and shall at the same time elect one of their members to be the secretary whose function other than that of
a member shall be to record the minutes of the meeting of the board, and the president and secretary shall serve until
the next organizational meeting scheduled in accordance with this section. Thereafter, the Board of Elections in
each county shall establish a schedule of meetings for the following calendar year at a meeting scheduled between
October 1 and December 31 of each year. Once established, the aforesaid schedule shall be subject to change as
deemed necessary by the respective boards. The schedule shall include an organizational meeting scheduled
between February 1 and June 30 of each year at which time members of each Board of Elections for each county
shall meet and organize by electing one member to be president and one member to be secretary whose function
other than that of a member shall be to record the minutes of the meetings of the board. The terms of office for each
office shall be until the organizational meeting scheduled in the following year or until a successor is elected."
Approved April 04, 2000
CHAPTER 276
FORMERLY
HOUSE BILL NO. 421
AN ACT TO AMEND 72 LAWS OF DELAWARE, CHAPTER 25, RELATING TO THE NORTHEAST
INTERSTATE DAIRY COMPACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE
Section I. Amend 72 Laws of Delaware, Chapter 25, by striking Section 4 thereof' in its entirety and
substituting in lieu thereof the following:
"Section 4. This Act shall take effect upon federal reauthorization of the Northeast Interstate Dairy
Compact."
Approved April 04, 2000
CHAPTER 277
FORMERLY
HOUSE BILL NO, 431
AN ACT TO AMEND SECTION 17, CHAPTER 158, VOLUME 36, LAWS OF DELAWARE, RELATING TO
ORDINANCES IN THE CHARTER OF THE CITY OF DOVER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each house thereof concurring therein):
Section 1. Amend Section 17, Chapter 158, Volume 36, Laws of Delaware by striking the phrase "One
Hundred Dollars" as it appears therein and by substituting in lieu thereof the phrase "One Thousand Dollars".
Approved April 04, 2000
502
Chapter 278
V01.72
CHAPTER 278
FORMERLY
HOUSE BILL NO. 483
AN ACT TO REINCORPORATE THE TOWN OF MILL VILLE.
WHEREAS it is deemed advisable that the Charter of the Town of Millville set forth in Chapter 217,
Volume 24, Laws of Delaware, enacted in 1907, with subsequent amendments, be consolidated into one
complete Act and in certain respects be further amended and revised.
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (two-thirds of all
members elected to each house thereof concurring therein)
Section 1, The inhabitants of The Town of Millville within the corporate limits as hereinafter
defined in this Charter or as extended as hereinafter provided are hereby declared to be a body
politic incorporated in law and equity and shall be able and capable to sue and be sued, plead and
be impleaded, answer and be answered, defend and be defended in all courts of judicature
whatsoever by the corporate name of "The Town of Millville",
The Town shall have perpetual succession and shall succeed to own or possess all property, whether real,
personal or mixed, tangible or intangible, or whatever kind and nature, and all the powers, rights, privileges or
immunities now or heretofore belonging to, possessed or enjoyed by the Town of Millville previously incorporated
at Chapter 217, Volume 24, Laws of Delaware, as amended.
TERRITORIAL LIMITS
Section 2. The present boundaries and limits of The Town of Millville are hereby established
and declared to be, as follows:
TRACT I
The Plot of Millville, Delaware, as laid out by the Commissioners in June, 1908, and recorded in the Office
of the Recorder of Deeds, in and for Sussex County, in Georgetown, Delaware, in Deed Book 165, page 600.
TRACT 2
ALL that piece and parcel of land annexed to the Town of Millville by an amendment enacted in Volume
25, Chapter 204, Laws of Delaware, dated April 15, 1909, amending the Charter enacted in Volume 24, Chapter
217, Laws of Delaware.
BEGINNING at the point of intersection of the easterly line of the land of George J. Derickson
and the northerly line of the land of George Hocker; thence easterly along said northerly line of the land of
George Hocker and the northerly line of the land of Horace Harman to the westerly line of the land of
George James "also the westerly line of the Town of Ocean View"; thence therewith in a southerly
direction along said line of George James to the center of the county road leading from Millville to Ocean
View; and thence wherewith along the center line of said road in an easterly direction to the center of the
road leading to Rosana; thence along the center line of said road in a southerly direction to a line between
the lands of Isaac Bennett and Lemuel Holt; and thence therewith westerly along said line to the
intersection of said line with the easterly line of the land of Stephen E. Evans; thence therewith northerly
along said easterly line of lands of Stephen E. Evans and George Derickson to the place of beginning.
TRACT 3
ALL that piece and parcel of land annexed to the Town of Millville by an amendment enacted in Volume
69, Chapter 194, Laws of Delaware as Tract 1, dated March 24, 1994, amending the Charter enacted in Volume 24,
Chapter 217, Laws of Delaware.
BEGINNING at a point located on the southeasterly ROW. of County Road 349 on the Town of Millville
line as scaled from current Sussex County Tax Map #1-34-12:
THENCE along a curve to the right, by and with the southeasterly R.O.W. of County Road 349,
having a radius of 1065.25 feet, a central angle of 003 degrees 38 minutes 05 seconds, an arc length of
67.58 feet, and a chord which bears North 46 degrees 27 minutes 34 seconds East to an iron pipe;
503
Chapter 278
Vo1,72
THENCE with a curve to the right having a radius of 25.00 feet, a central angle of 093 degrees 01 minutes
06 seconds, an arc length of 40.59 feet, and a chord which bears South 85 degrees 12 minutes 51 seconds East to an
iron pipe;
THENCE along a curve to the left, by and with the southwesterly R.O.W. of East Millstone Lane,
having a radius of 139.11 feet, a central angle of 037 degrees 27 minutes 48 seconds, an arc length of 90.96
feet, and a chord which bears South 57 degrees 26 minutes 14 seconds East to an iron pipe;
THENCE South 76 degrees 10 minutes 06 seconds East a distance of 186.55 feet to an iron pipe;
THENCE along a curve to the right having a radius of 246.85 feet, a central angle of 025 degrees
00 minutes 36 seconds, an arc length of 107.75 feet, and a chord which bears South 63 degrees 39 minutes
49 seconds East to an iron pipe;
THENCE along a curve to the right having a radius of 25.00 feet, a central angle of 090 degrees
00 minutes 00 seconds, an arc length of 39.27 feet, and a chord which bears South 06 degrees 09 minutes
30 seconds East to an iron pipe;
THENCE South 38 degrees 50 minutes 30 seconds West, by and with the northwesterly R.O.W. of
Doe's Place, a distance of 72.00 feet to an iron pipe;
THENCE along a curve to the right having a radius of 475.00 feet, a central angle of 018 degrees
59 minutes 24 seconds, an arc length of 157.43 feet, and a chord which bears South 48 degrees 20 minutes
12 seconds West to an iron pipe;
THENCE South 57 degrees 49 minutes 54 seconds West a distance of 110.00 feet loan iron pipe;
THENCE along a curve to the left having a radius of 315.00 feet, a central angle of 000 degrees 19
minutes 23 seconds, an arc length of 1.78 feet, and a chord which bears South 57 degrees 40 minutes 12
seconds West to a point:
THENCE North 27 degrees 40 minutes 14 seconds West, by and with the Town of Millville line
as scaled from current Sussex County Tax Map 111-34-12, a distance of 396.91 feet to the Point of
Beginning, said parcel contains 2.09 Acres of land, being the same, more or less.
TRACT 4 - Beebe Medical Center
ALL that piece and parcel of land annexed to the Town of Millville by an amendment enacted in Volume
69, Chapter 194, Laws of Delaware, as Tract 2, dated March 24, 1994, amending the Charter enacted in Volume 24,
Chapter 217 Laws of Delaware.
BEGINNING at a point located on the northerly R.O.W. of State Rt. 26, said point being a corner
for this parcel and lands N/F Renal F. Bryner, Jr., el us.;
THENCE, North 64 degrees 40 minutes 06 seconds West, by and with the northerly R.O.W. of
State Rt. 26, a distance of 450.00 feet to a point;
THENCE, along a curve to the right, by and with the southeasterly R.O.W. of Doe's Place, having
a radius of 25.00 feet, a central angle of 090 degrees 00 minutes 00 seconds, an arc length of 39.27 feet,
and a chord which bears North 19 degrees 40 minutes 06 seconds West to a point;
THENCE, along a curve to right having a radius of 265.00 feet, a central angle of 032 degrees 30
minutes 00 seconds, an arc length of 150.32 feet, and a chord which bears North 41 degrees 34 minutes 54
seconds East to a point;
THENCE North 57 degrees 49 minutes 54 seconds East a distance of 110.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 525.00 feet, a central angle of 018 degrees 59 minutes
24 seconds, an arc length of 174.00 feet, and a chord which bears North 48 degrees 20 minutes 12 seconds East to a
point;
THENCE South 37 degrees 00 minutes 00 seconds East, by and with Lots 52, 51, 50 and 49,
Creekside Subdivision, a distance of 256.1) feet to a point;
THENCE South 64 degrees 40 minutes 06 seconds East, by and with Lots 49 and 48, a distance of
100.00 feet loan iron pipe;
THENCE South 29 degrees 09 minutes 35 seconds West, by and with lands N/F Renald F. Bryner,
Jr., et UK., a distance of 301.34 feet to the Point of Beginning, said parcel contains 3.41 Acres of
land, being the same, more or less.
ANNEXATION OF TERRITORY
Section 3. In the event it becomes feasible and necessary in the future for The Town of Millville to
enlarge its then existing limits and territory, such annexation accomplished pursuant to the following procedures
shalt be lawful;
(a) If all of the Property owners of a territory contiguous to the then existing corporate limits and
territory of The Town of Millville, by written Petition with the signature of each such Petitioner duly acknowledged,
shall request the Town Council to annvx that certain territory in which they own property, the Mayor of The Town
of Millville shall appoint a Committee composed of not less than three (3) of the members of the Town Council to
504
Chapter 278
V01.72
investigate the possibility of annexation. The Petition presented to the Town Council shall include a description of
the territory requested to be annexed and the reasons for the requested annexation. Not later than ninety (90) days
following its appointment by the Mayor, as aforesaid, the Committee shall submit a written Report containing its
findings and conclusions to the Mayor and Council of Mil/ville, The Report so submitted shall include the
advantages and disadvantages of the proposed annexation both to The Town of Millville and to the territory
proposed to be annexed and shall contain the recommendation of the Committee whether or not to proceed with the
proposed annexation and the reasons therefor. In the event that the Committee appointed by the Mayor concludes
that the proposed annexation is advantageous both to the Town and to the territory proposed to be annexed, the
Town Council of Millville may then pass a Resolution annexing such territory to The Town of Millville. Such
Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all the members of the Town Council, In
the event that the Committee appointed by the Mayor concludes that the proposed annexation is disadvantageous
either to the Town or to the territory proposed to be annexed, the procedure to be followed shall be the same as
hereinafter provided in Subsection (b) as if the annexation were proposed by five (5) or more property owners but
less than all the property owners of a territory contiguous to the then limits and territory of The Town of Millville.
(II) If five (5) or more property owners but less than all of the property owners of a territory
contiguous to the then limits and territory of The Town of Millville by written Petition with the signature of each
such Petitioner duly acknowledged shall request the Town Council to annex that certain territory in which they own
property, the Mayor of Tlw Town of Millville shall appoint a Committee composed of not less than three (3) of the
members of the Town Council to investigate the possibility of annexation. The Petition presented to the Town
Council shall include a description of the territory requested to be annexed and the reasons for the requested
annexation. In the alternative the Town Council, by majority vote of the members thereof may, by Resolution,
propose that a committee composed of not less than three (3) of the members of the Town Council be appointed by
the Mayor to investigate the possibility of annexing any certain territory contiguous to the then limits and territory of
The Town of Millville.
Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the
Committee shall submit a written Report containing its findings and conclusions to the Mayor and the Town Council
of Millville. The Report so submitted shall include the advantages and disadvantages of the proposed annexation
both to The Town of Millville and to the territory proposed to be annexed and shall contain the recommendation of
the Committee whether or not to proceed with the proposed annexation and the reasons therefor, In the event that
the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town
and to the territory proposed to be annexed, within thirty (30) days after receiving a report, a Resolution shall then
be passed by the Town Council proposing to the property owners and residents of both The Town of Millville and
the territory proposed to be annexed that the Town proposes to annex certain territory contiguous to its then limits
and territory. The Resolution shall contain a description of the territory proposed to be annexed and shall fix a time
4nd place for a public hearing on the subject of the proposed annexation. In the event that the Committee appointed
by the Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory
proposed to be annexed, the Resolution proposing annexation to the property owners and residents shall require the
affirmative vote of two-thirds (2/3) of all the members of the Town Council. If the Resolution shall fail to receive
the affinnative vote of two-thirds (2/3) of the members of the Town Council, the territory proposed to be annexed
shall not again be considered for annexation for a period of one (1) year from the date that the Resolution failed to
receive the required affirmative vote. The Resolution adopted by the Town Council setting forth the above
information shall be printed in a newspaper having a general circulation in The Town of Millvilie at least one (1)
week prior to the date set for the public hearing, or, at the discretion of the Town Council, the said Resolution shall
be posted in four (4) public places both in The Town of Millville and in the territory proposed to be annexed.
Following the public hearing, but in no event later than thirty (30) days thereafter, a
Resolution shall then be passed by a majority of the Town Council ordering a Special Election to be held not less
than thirty (30) nor more than sixty (60) days after the said public hearing on the subject of the proposed annexation.
Passage of this Resolution shall jpso facto be considered the determination of the Town Council to proceed with the
matter of the proposed annexation.
The notice of the time and place of said Special Election shall be printed within thirty (30)
days immediately preceding the date of this Special Election in at least two (2) issues of a newspaper having a
general circulation in The Town of Millville, or, in the discretion of the Town Council, the said notice may be
posted in four (4) public places, both in The Town of Midvale and in the territory proposed to be annexed at least
fifteen (15) days prior to the date set for the said Special Election.
At the Special Election, every property owner, whether an individual, partnership, a
corporation or other entity, both in The Town of Millvine and in the territory proposed to be annexed shall have one
(1) vote. Every resident of either The Town of Millville or of the territory proposed to be annexed over the age of
eighteen (18) years who is not a property owner shall have one (1) vote, In the case of property owned by more than
505
Chapter 278
Vol.72
one (1) person, firm, corporation or other entity or any combination thereof whether as tenants in common, joint
tenants, or as tenants by the entireties, each such joint owner shall have one (1) vote. In the event that a person owns
property or has an ownership interest in property both in The Town of MilIville and in the territory proposed to be
annexed and resides in either place, he may vote only where he resides. In the event that a person owns property
both in The Town of Millville and in the territory proposed to be annexed but does not reside in either place, he may
vote only in The Town of Millville and not in the territory proposed to be annexed. Property owners whose property
is exempt from taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The
Town of Millville in the case of property owners and residents of the Town and the books ai.d records of the Board
of Assessment of Sussex County in the case of property owners and residents of the territory proposed to be annexed
shall be conclusive evidence of the right of such property owners and residents to vote at the Spec:al Election.
In the event that an individual holds an unrevoked Power of Attorney duly executed
specifically authorizing the said individual to vote at the said Special Election, an executed copy of the Power of
Attorney shall be filed in the Office of The Town of MiEville. Said Power of Attorney so filed shall constitute
conclusive evidence of the right of said person to vote in the Special Election.
The Town Council of The Town of Millvill shall cause voting machines to be used in the
Special Election, the form of ballot to be printed as follows: [I For the proposed annexation [I Against the proposed annexation.
The Mayor of The Town of Millville shall appoint three (3) persons to act as a Board of
Special Election, at feast one ( I) of whom shall own property in The Town of Millville and at least one ( I ) of whom
shall own property in the property proposed to be annexed. One (1) of the said persons so appointed shall be
designated the Presiding Officer. Voting shall be conducted in a public place as designated by the Resolution
calling the Special Election, The Board of Special Election shall have available, clearly marked, two (2) voting
machines. All votes cast by those persons, partnerships, corporations or other entities authorized to vote as residents
or property owners in the territory proposed to be annexed shall be accomplished on one such voting machine and
all ballots cast by those persons, partnerships, corporations or other entities who are authorized to vote as residents
or property owners of The Town of Millville shall be accomplished on the other such voting machine. The polling
place shall be open from one o'clock in the afternoon, prevailing time until five o'clock in the afternoon, prevailing
time, on the date set for the Special Election. All persons in the polling place at the time of the closing of the polls
shall be permitted to vote, even though such votes are not cast until after the ume for the closing of the polls.
Immediately upon the closing of the polling place, the Board of Special Election shall count
the ballots for and against the proposed annexation and shall announce the result thereof; tlw Board of Special
Election shall make a Certificate under their hands of the votes cast for and against the proposed annexation and the -
number of void votes and shall deliver the same to the Town Council of The Town of Millville. Said Certificate
shall be filed with the papers of the Town Council.
In order for the territory proposed to be annexed to be considered annexed, a majority of the
votes cast both from The Town of Millville and from the territory proposed to be annexed must have been cast in
favor of the proposed annexation. In the event that the Special Election results in an unfavorable vote for
annexation, no part of the territory considered at the Special Election for annexation shall again be considered for
annexation for a period of at least one (1) year from the date of said Special Election. If a favorable vote for
annexation shall have been cast, the Town Council of The Town of Millville shall cause a description and a plot of
the territory so annexed to be recorded in the Office of the Recorder of Deeds, in and for Sussex County. but in no
event shall said recordation be completed more than ninety (90) days following the date of the said Special Election
The territory considered for annexation shall be considered to be a part of The Town of Millville from the time of
recordation. The failure to record the description or the plot within the-specified time shall not make the annexation
invalid, but such annexation shall be deemed lobe effective at the eXpiration of the ninety (90) day period from the
date of the favorable Special Election.
(c) If the territory proposed to be annexed includes only territory which IS exempt from
taxation or which is not assessed on the books of the Board of Assessment of Sussex C'ounty, no
election shall be necessary and the Town Council of The TOW» of Millville may proceed to annex
such territory by receiving a certified copy of a Resolution requesting such annexation such
property is owned by a corporation or by a written Petition with the signature of each such
Petitioner duly acknowledged if such property is owned by an individual, requesting the Town
Council to annex that certain territory in which they own property or, in the alternative, by
Resolution of the Town Council proposing that such property be annexed. The certified copy of
the property owner's Resolution, the Petition or Resolution of Town Council shall include a
description of the territory requested lobe annexed and the reasons for the requested annexation.
Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of the Town of
506
Chapter 278
Vol.72
Millville shall appoint a committee composed of not less than three (3) of the members of the
Town Council to investigate the possibility of annexation. Not later than ninety 190) days
following its appointment by the Mayor, as aforesaid, the Committee shall submit a written report
containing its findings and conclusions to the Mayor and Town Council of Mil?vale. The report
so submitted shall include the advantages and disadvantages of the proposed annexation both to
The Town of Mi(twine and to the territory proposed to be annexed and shall contain the
recommendation of the Committee whether or not to proceed with the proposed annexation and
the reasons therefor. In the event that the Committee appointed by the Mayor concludes that the
proposed annexation is advantageous both to the Town and to the territory proposed to be
annexed. the Town Council of Millville may then pass a Resolution annexing such territory to "Die
Town of Whine. Such Resolution shall bc passed by the affirmative vote of two-thirds (2/3) of
all the members of the Town Council. In the event that the Committee appointed by the Mayor
concludes that the proposed annexation is disadvantageous either to the Town or to the territory
proposed to be annexed, the Resolution shall be passed by three-fourths (3.4) of all the members
of the Town Council. If the Resolution fails to receive the required number of votes, no part of the
territory proposed for annexation shall again be proposed for annexation for a period of one (I)
year from die date that the Resolution failed to receive the required votes. If the Resolutton
receives the required number of votes, the Town Council of The Town of Millville shall cause a
description and -a plot of the territory so annexed to be recorded in the Office of the Recorder of
Deeds, in and for Sussex County, and in no event shall such recordation be completed more than
timely (90) days following the passage oldie Resolution. The territory considered for annexation
shall be considered lobe a part of The Town of Millville front the time of recordation. The failure a the Town Council to record the description and plot within the time herembefore specified shall
not make the annexation invalid. but such annexation shall be deemed to be eflective at the
expiration of die ninety (90)day period front the date of the passage of the Resolution.
STRUCTURE OF GOVERNMENT
Section 4. The government of The Town and the exercise of all powers conferred by this
Charter, except as otherwise provided herein, shall be vested in the Town Council, Tlw Town
Council shall be composed of live (5) members, each of whose terms shall be for a period of two
(2) years, commencing at the Annual Meeting of the Town Council following his or her election
and continuing until his or her successor is duly elected and qualified. One of the members of the
Town Council shall be elected Mayor of the Town Council and upon his or her election shall have
the title of Mayor Mlle Town olMillville and shall perform all duties prescribed herein to be
performed by the Mayor of The Town of Millville.
QUALIFICATIONS FOR "FOWN COUNCIL MEMBER
-Section 5. The qualifications for Town Council member at the time of his or her election shall be as
follows: -
(a) A bona fide resident of the United States and of the State of Delaware and a resident of The
Town of Millville for at least ninety 1901 days next preceding the Annual Municipal Election; and
At least-eighteen (IS) years of age;
Each of the qualifications for Town Council member shall be continuing qualifications to hold office
and the failure of any of the Town Council members to have any of the qualifications required by this Section during
his or her temi of office shall create a vacancy /II that Office.
METHOD OF MAKING NOMINATIONS FOR TOWN COUNCIL MEMBER
Section O. Each candidate for Town Council member shall be nominated as follows:
Each candidate shall notify the Mayor in writing of or her candidacy for the office of Town Council
member.
All such notifications of candidacy must be filed in the Town Office during the regular business hours
of the Town on or before the close of business on the first Friday in the month of February; and thereupon it shall be
the duty of the Mayor to have a list of all candidates so filed with him printed in a newspaper of general circulation
in the Town of Millville at least fifteen (15) days prior to the date of the said Annual Municipal Election next
ensuing; and, in the discretion of the Town Council, the Secretary may post a list of names of all candidates
designating the office sought by each candidate in at least five (5) public places in the Town, such public places to
be designated by the Town Council. One of the said public places shall he in or outside the Town Hall of The Town
of Millville,
(e) In the event that the Mayor is unable to act because of illness, absence, or for any other reason
whatsoever, the names of all candidates shall be filed with the Deputy Mayor of the Town Council
who shall thereupon perform the duties required of the Mayor in Subsection (b) of this Section.
507
Chapter 278
Vol.72
(d) The Town Council shall make arrangements for voting machines to be placed in the polling place prior
to the time set forth in this Charter for the beginning of the Annual Municipal Election.
MANNER OF HOLDING ANNUAL MUNICIPAL ELECTION
Section 7. The procedure for holding the Annual Municipal Election shall be as follows:
The Annual Municipal Election shall be held at a place designated by the Town Council within the
corporate limits of The Town of Millville on the First Saturday in March of each and every year from eleven o'clock
in the morning, prevailing time, until three o'clock in the afternoon, prevailing time, the first said Annual Municipal
Election to be held pursuant to this Charter lobe held on the First Saturday in March, A.D. 2001.
The three present Commissioners elected or appointed to serve shall continte: to serve as members
of the Town Council of the Town of Millville for a term of one year until their successors are duly elected or
appointed at the annual election held on the First Saturday in March, A.D. 2001. The Assessor and Treasurer
elected or appointed to serve shall become members of the Town Council of the Town of Millville to complete a
term of one year until their successors are duly elected or appointed at the annual election held on first Saturday in
March, A.D. 2001. In the first annual election, to be held on the First Saturday in March, A.D. 2001, three Council
members will be elected for terms of two years each and two Council members will be elected for terms of one year
each. Thereafter, three Council members will be elected in odd numbered years and two in even numbered years.
The Annual Municipal Election shall be conducted by a Board of Election consisting of an Inspector
and two (2) Judges appointed by the Mayor of the Town of Millville with the concurrence of a majority of the
members of the Town Council not later than the last regular meeting of the Town Council prior to the date of the
Annual Municipal Election. The Board of Election shall determine who is and who is not lawfully entitled to vote
thereat, take reasonable steps to see that the law pertaining to the Annual Municipal Election receives compliance
and for the purpose of counting the votes and certifying the result to the Town Council. If any of the officers so
chosen and designated to conduct the Annual Municipal Election shall not be present at the polling place at the time
designated for the holding of the Annual Municipal Election, it shall be lawful for the qualified voters present at the
polling place at the time of holding said Annual Municipal Election to elect from among their own number a person
to fill each vacancy and such Board of Election caused by the absence of any member of the Board of Election. The
Board of Election shall keep a list of all persons who voted at such Annual Municipal Election.
At such Annual Municipal Election, every person, male or female, who shall have attained the age of
eighteen (18) years on the date of the said Annual Municipal Election and who shall be a bona fide resident of the
Town of Millville shall have one (1) vote.
The Town Council may, by ordinance, provide for any qualified voter to cast an absentee ballot if such
person is unable to appear and cast his or her ballot.
(0 In the event that no person files or is nominated for office for which an election is to be held within the
time set forth in Section 6 of this Charter, the Incumbent shall be deemed to be reelected for a lull term and it shall
not be necessary to have an election.
(g) In the event that only one person files or who is nominated for office Ibr which an election is
to be held within the time set forth in Section 6 of this Charter, the person who files of is
nominated shall be deemed to be elected for a full term and it shall not be necessary to have an
election.
ORGANIZATION AND ANNUAL MEETING OF COUNCIL
Section 8. (a) Before entering upon the duties of their respective offices, the Council members elect shall be
sworn by a Notary Public to perform faithfully and impartially the duties of their respective offices with fidelity. At
the first regular meeting following the Organizational Municipal Election. "the Annual Meeting", the Town Council
shall meet at the Council Chamber and the newly elected officers shall assume the duties of office. being first duly
sworn or affirmed to perform their duties with fidelity, as aforesaid.
( b) At the Organizational Meeting held on the first regular meeting following the Annual
Municipal Election, the Town Council shall organize and elect a Mayor and a Deputy Mayor who
shall hold office for the term of one (1) year or until their respective successors shall be duly
qualified and elected. The person elected as Presiding Officer of the Town Council shall have the
title of Mayor of The Town of Millvale. The Town Council shall likewise select a Secretary and a
Treasurer from their own number to serve until the first regular meeting after the next Annual
Municipal Election, The Town Council may also select an Assistant Secretary and an Assistant
Treasurer to serve until the first regular meeting following the next Annual Municipal Election
who may or may not be from among their own number and such other officers and employees as
may be determined to be necessary.
REGULAR AND SPECIAL MEETINGS
Section 9. The Town Council of The Town of M il lv lIe shall hold one (I) meeting in each month on a
date to be determined by the Town C'ouncil.
508
Chapter 278
Vol.72
QUORUM
Section 10. A majority of the members elected to The Town Council shall constitute a quorum at any
regular or special meeting; but a lesser number may adjourn from time to time and may compel the attendance of
absent members in such manner and under such penalties as may be prescribed by Ordinance.
RULES AND MINUTES OF COUNCIL
Section II. The Council shall determine its own rules and order of business and shall keep a journal of its
proceedings and the yeas and nays shall be taken upon the passage of every ordinance and resolution and shall be
entered in the journal with the text of the ordinance or resolution.
VACANCIES
Section 12. If any vacancy shall occur in the office of Council member by death, resignation, loss of
residence in The Town of Millville, refusal to serve, or otherwise, the same may be filled by a majority vote of the
remaining members of the Town Council, the person or persons so chosen to fill such vacancy shall be qualified as
in the case of newly elected members and shall hold office for the remainder of the unexpired term.
DISQUALIFICATIONS
Section 13. If any Council member, during his or her term of office, shall be found guilty of any crime or
misdemeanor and sentenced to imprisonment for any term whatever or shall for any reason cease to be a resident of
the Town, he or she shall forthwith be disqualified to act as a member of Council and his or her office shall be
deemed vacant and shall be filled by the Town Council, as aforesaid.
CONTRACTS
Section 14.(a) It shall be unlawful for the Town Council to make or enter into any contract in excess of
Five Hundred Dollars ($500.00) for materials. supplies, services, work or labor, for the benefit and use of The Town
of Millville with any member of the Town Council or with any partnership in which any member of the Town
Council is a general partner, or with any corporation in which any member of the Town Council is a director or
controlling stockholder or any firm or company which any member of the Town Council is pecuniarily interested,
provided that if all the elected members of the Town Council shall vote to enter into such contract, then the Town
may enter into such a contract. Any such contract executed without such unanimous vote shall be absolutely null
and void.
(b) All contracts for the purchase of materials or for the furnishing of services authorized or permitted
by this Charter shall be accomplished by competitive bidding and the awarding of contracts to the lowest responsible
bidder who submits a responsive bid; PROVIDED. HOWEVER, that competitive bidding shall not be required in
any a the following circumstances:
The aggregate amount involved is tint more than Ten Thousand Dollars ($10,000.00);
The purchase or contract is for personal or professional services;
The purchase or contract is for any service rendered by a university, college or other
educational institution;
The purchase or contract is for any service to be rendered by the State of Delaware or any
political subdivision;
The purchase or contract is for property or services for which it is impracticable to obtain
competition;
(0) The public exigency, as determined by the Town Council, will not permit the delay incident to
advertising;
materials to be purchased are to be used to complete a project under the supervision of the
Mayor;
111e purchase or contract is for property or services for which the Town Council determines
the prices received after competitive bidding are unreasonable as to all or part of the requirement or not
independently reached in open competition;
A public emergency as determined by the Town Council exists.
DIMES OF THE MAYOR
Section 1 5.(a) [he Mayor shall preside at all of the Town Council meetings, and shall vote on all matters
brought before the Town Council for a vote. I le or she shall appoint all committees, receive complaints or
nuisances, and other complaints of citizens concerning violations of law and ordinances. Ile or she shall present a
report of complaints and nuisances and violations of law and ordinances to the Town Council at the first regular
meeting after receiving such complaints. He or she may require the Alderman or the Assistant Alderman, as
hereinafter provided for in this Act, to proceed upon such infractions or violations of law and ordinances
immediately in the event that lie deems such action to be required. The Mayor shall perform such other duties and
have such other powers as the Town Council shall determine not in conflict with the provisions of this Charter. The
Mayor shall be empowered to act on behalf of the Town, without prior Town Council approval, in the event of a
sudden emergency requiring prompt action, in order to protect the public health, safety and welfare of the town, is
509
Chapter 278
Vol.72
inhabitants and property owners. A "sudden emergency", for purposes of this section, shall include, by way of
example and not limitation, a major fire or conflagration, significant flooding or serious storm threatening
significant damage, a civic disturbance or a toxic spill. A sudden emergency shall also include any emergency
situation as declared by any -county, state or federal agency having jurisdiction over the Town where the scope of the
emergency so declared includes the Town.
The Mayor, within thirty (30) days following his or her election, may appoint, by and with the advice
and consent of a majority of the elected members of the Town Council, two (2) suitable persons who may or rosy
not be qualified voters of The Town of Millville to act as Alderman and Assistant Alderman. Both the Alderman
and the Assistant Alderman shall hold office until each successor shall be duly appointed and chosen.
The Mayor may, for any reasonable cause, by and with the consent and upon the address of a majority
of all the members of the Town Council, remove from office any person appointed by him or any or his or her
predecessors. The person against whom the Council may be about to proceed shall receive five (5) days written
notice thereof, accompanied by a statement of the cause alleged for the removal and shall be accorded a full and fair
hearing, if such a request if received by the Mayor by certified mail with return receipt requested within ten (10)
days following the date that notice of removal is received by such person.
The Mayor may appoint such other committees as he or she deems necessary for the proper
administration of The Town of Millville or the Council may, by resolution, authorize the Mayor to appoint certain
committees which are deemed necessary to carry out the provisions of this Act.
It shall be the duty of the Deputy Mayor of the Town Council, in the absence of the Mayor, to
preside at all meetings of the Town Council in the event of absence of the Mayor and perform
such other duties and to have such other powers of the Mayor as are prescribed by the Charter of
The Town of Millville or by any Ordinance of the Town Council.
SECRETARY
Section 16. (a) The Secretary shall have charge and custody of books, journals, records, papers and other
effects of the Town and shall keep the same in a safe and secure place. He or she shall keep a full and complete
record of all the transactions in The Town of Millville. Ile or she shall exercise such other duties as may be
prescribed by this Charter or by Ordinance or nile of the Town Council of The Town of Millvdle. lie or she shall
file and keep in a safe place the seal of The Town of Millville and all papers and documents arising out of the
proceedings of the Town Council of The Town of Millville relative to the affairs of the town, tie or she shall deliver
the same to his or her successor in office. I-le or she shall attest the seal of The Town of Millville when authorized
by the Town Council and shall perform such other duties and have such other powers as may be prescribed by
Ordinance.
All books, records and journals of The Town of Millville in the custody of the Secretary may, in the
presence of the Mayor, Secretary, Assistant Secretary or any member of the Town Council of The "lown of
Millville, be inspected by any voter of the Town desiring legitimate information at any time, or times, as may be
convenient and will not interfere with the regular routine of the business of the Town.
All books, records, papers and documents in the custody of the Secretary shall be open for inspection
by members of the Town Council of The Town of Millville.
Compensation, if any, of the Secretary for his or her duties, shall be determined by the Town
Council.
TREASURER
Section 17(a) The Treasurer shall be the custodian of all the funds of the 'Town. Ile or she shall deposit, or
cause to be deposited, such funds in such banking institutions as may be prescribed by the Town Council. The
Treasurer, together with such other members of the Town Council, as shall be authorized by Resolution of the Town
Council, shall be authorized to execute checks, but no funds shall be paid out except as authorized by the 'fawn
Council.
(b) Treasurer shall keep a true, accurate and detailed account of all funds received and of all funds
paid out by the Treasurer. The Treasurer shall preserve all vouchers for moneys paid out and the books and records
shall, at all times, be open to inspection by any member of the Town Council. The Treasurer shall make a report at
each regular meeting of the Town Council and at such other times as may be required by the Town Council. All
such report shall be a part of the minutes of the Town Council.
(c) 'The Treasurer shall tile With The Town of Millville a bond with corporate surety approved by
the Town Council in a sum not less than Fifty Thousand Dollars ($50,000.00), the premium for
said bond to be paid by the Town Council. The bond shall be conditioned upon the faithful
performance by the Treasurer of his or her duties of office and the restoration to the Town in the
case of his or her death, resignation, or removal from office or all books, papers, vouchers, funds
and other property of whatever kind in his or her possession belonging, to The 'town or Millvtlic.
510
Chapter 278
Vol.72
Annually each year and not later than ninety (90) days prior to the beginning of the next fiscal year, the
Treasurer shall prepare a rough draft of a Town Budget. From this rough draft, the Town Council shall prepare the
Town Budget.
The Treasurer shall perform such other duties relative to the finances of The Town of Nfillville as the
Town Council may from time to time prescribe or require.
COMPENSATION
Section 18. (a) Council members and staff may be paid for their services any sum which may be
agreed upon by the members of the Town Council. Each Town Council member may receive
compensation for service to the Town as may be prescribed by ordinance or resolution. Officers
mid employees of the Town may receive compensation for services to the Town as may be
prescribed by ordinance or resolution.
TOWN MANAGER
Section 19.(a) The Town Council of The TOWn of Millville may appoint a Town Manager who shall be the
Chief Administrative Officer of the Town.
The Town Council of The Town of MilIville shall impose such qualifications for Town Manager as
may be deemed necessary; provided, however, that no person holding the office of Town Council member shall be
chosen to be Town Manager during his or her term of office as Council member.
The Town Manager shall hold office for an indefinite tenn and may be removed by a majority vote of
the Town Council of the Town of Millville. At least thirty (30) days before such removal shall become effective.
the Town Council shall, by a majority vote of all the elected members thereof, adopt a preliminary resolution stating
the reasons for his or her removal. The Town Manager may reply in writing and may request a public bearing much
shall be held not earlier than twenty (20) days but not later than thirty (30) (lays after the filing of such request.
After such public hearing, if one be requested, and after full consideration, the Town Council, by a majority vote of
all the elected members thereof, may adopt a final resolution of removal. By the preliminary resolution, the Town
Council may suspend the Town Manager from duty but shall in any case call to be paid him or her tbrthwith any
unpaid balance of his or her salary and his or her salary for the next three calendar months following the adoption of
the preliminary resolution.
In case of the absence or disability of the Town Manager, the Town Council may designate some
qualified person who may be an elected or appointed official of the Town of Millville to perform the duties of such
office during his or her absence or disability. The compensation which the Town Manager shall receive for the
performance of his or her duties shall be fixed by the Town Council of the Town of Mifiville.
The Town Manager shall be responsible to the Town Council of Millville for the proper administration
of the affairs of the Town placed In his or her charge and to that end, lie or she shall have the power to make such
appointment and to hire such employees at such compensations as the Town Council, by Resolution, shall
determine, subject to such rules and regulations as may be adopted by the Town Council. All employees shall be
lured for an indefinite term and may be removed by the Town Manager at any time unless otherwise provided by
resolution of COUDC11. Ile or she shall exercise his or her sole discretion in the appointment or hiring of any such
employees. The Town Manager shall be the sole judge of the competence or incompetence of any such person so
appointed or lured by him. The Town Council of The Town of Millville shall sit as a Board of Appeal for the
protection of TOWD employees at those times when the majority of all the Commissioners are agreed that a review of
the action of the Town Manager would be in the best interests of The Town of MilIvilic. The decision of the Town
Council in such case shall be final and conclusive.
(1) ft is the intention Of this Charter that, in the performance of his or her duties, and in the exercise of his
or her powers, the Town Manager shall not be influenced by any matters whatsoever of a political or fractional
nature. It is the intention of this Charter that the TOW!' Manager shall be guided solely by matters of expediency and
efficiency in the administration of the affairs of the Town placed in his or her charge. Except for purposes of
Inquiry, the Town Council shall deal with that portion of the administrative service for which the Town Manager is
responsible solely through the Town Manager. -
(g) It shall be the duty of the Town Manager to supervise the administration of the affairs of die Town
under his or her charge and to make such reports to the Town Council as are required by the Town Council. Ile or
she shall make such recommendations to the Town Council concerning the affairs of the Town as may seem to him
or her desirable. Be or she shaft keep the Town Council advised of the financial condition and future needs of the
rown. Ile or she shall prepare and submit to the Town Council at the regularly monthly meeting of each and every
month a true, accurate and detailed account of all the motleys collected or received by him or her in the performance
of ins or her dunes and shall promptly turn the same over to the Town Council.
(I)) In conjunction with the Mayor and the Town Council of Mihlvitle, he or she shall sign warrants pursuant
to appropriations or resolutions theretofore made for the Town Council. He or she shall prepare and submit to the
511
Chapter 278
Vol. 72
Town Council such reports as may be required by the Town Council. He or she shall perform such other duties as
may be prescribed by this Charter or required of him or her by Ordinance or Resolution of the Town Council.
The Town Manager and such other officers of the Town as may be designated by vote of the Town
Council shall be entitled to seats in the meetings of the Town Council, but shall not vote therein.
The Town Manager shall have charge and supervision of the streets, gutters, curbs, sidewalks,
boardwalks, jetties, piers, parks, and other administrative affairs of the Town and all work relating thereto. He or
she shall have charge of and shall collect all taxes, assessments, rentals, license fees, or other charges due the Town.
He or she shall have charge of the administration of all provisions of this Charter and Ordinances and Resolutions or
the Town Council relating to the affairs of the Town when not otherwise provided for by Mis Charter or by any
Ordinance or Resolution of the Town Council. He or she shall pay over to the Town Treasurer at least monthly, as
hereinbefore provided, and oftener is required by the Town Council, all moneys received or collected by him or her
and by any employee under his or her supervision.
or she shall keep a full arid strict account of all moneys received and all disbursements made by him
or her and such accounts shall, at all times, be open to inspection to the Town Council.
(1) He or she shall give to The Town of Millville a bond, if required by the Town Council, in such sum and
in form with security satisfactory to the Town Council for the faithful performance of the duties of his or her office
and the restoration of The Town or Minville, in case of his or her death, resignation, or removal from office all
books, papers, vouchers, money and other property of whatever kind in his or her possession belonging to the Town.
In the event of a vacancy in the office of the Town Manager for any reasonor reasons whatsoever, the
duly appointed and qualified successor to that office shall succeed to all the rights, privileges and powers theretofore
reposed in his or her predecessor or predecessors in office in the same manner as though all acts, deeds and steps
theretofore taken by any such predecessor or predecessors with respect to any matter or thing pertaining to said
office had been taken or performed by the successor to such office.
Upon the death, resignation, or removal from office of the Town Manager, the Town Council shall
appoint some suitable person, who may be an elected or appointed official of the Town of Millville, to perform the
duties of the Town Manager; provided, however, such person shall not serve for a period exceeding ninety (00) days
from the date of his or her appointment.
TOWN SOLICITOR
Section 20. The Mayor of The Town of MiUville with the advice and consent of a majority of
the elected members of the Town Council, shall select and appoint a Town Solicitor for an
indefinite term who shall be removable at the pleasure of the Town Council of "Yhe Town of
Millville either with or without due cause stated. The Town Solicitor shall be a member in good
standing of the Bar of the State of Delaware, with offices in Sussex County. It shall be Ms or her
duty to give legal advice to the Town Council and other officers of the Town and to perform other
legal services as may be required of him by the Town Council.
BOARD OF HEALTII
Section 21.(a) The Town Council may provide for a Board of Health. If it is established, the Board of
Health shall consist of four (4) members, one of whom may be a practicing physician. The I3oard.shall be appointed
by the Mayor of The Town of Mi/lville with the advice and consent of a majority of the elected members of the
Town Council at the annual meeting hereinbefore provided, and shall serve for one (I( year-or until their successors
are duly appointed and qualified. The Board of Health shall have cognizance of and interest in the life and health of
the people of the Town. The Board shall report to the Town Council in writing whatever is deemed by the Board to
be injurious to the health of the people of the Town and shall make recommendations to the Town Council
concerning whatever may contribute to the health and sanitation of the citizens of The Town of Millville. The
Board shall organize by the election of a Chairman and Secretary within ten (JO) days atier notice of their
appointment and shall keep a record of their proceedings and acts. The Secretary shall be the executive officer of
the Board.
(b) The Secretary of the Board may be allowed a reasonable annual compensation for his or her services.
which shall be determined by the Town Council and no other compensation shall be paid to the Secretary for his oi
her services as such. The Secretary may or may not be a member of the Board of 1 lealth appointed by the Mayor.
but he shall be a resident of The Town of Millville.
(c) The Board of Health shall have the power to recommend the adoption of ordinances relating to
the health of the population of the Town or to prevent the introduction or spread of IllreetiOUS or
contagious diseases- or nuisances affecting the same and such ordinances, when adopted by the
Town Council, shall extend to an area outside the Town limits for a distance of one ( I) mile.
POLICE FORCE
Section 22.(a) The Town Council may, from time to time, make such rules and regulations us may be
necessary for the organization, government and control of the police force. "flie police force, if created, shall
512
Chapter 278
V01.72
preserve peace and order and shall compel obedience within the Town limits to the Ordinances of the Town and the
laws of the State of Delaware. The police force shall have such other duties as the Town Councd-shall, from time to
time, prescribe. The Chief of Police and the members of the police force shall be subject to the direction of the
Mayor acting in behalf of the Town Council.
Each member of the police force shall have police powers similar to those of constables and shall be
conservators of the peace throughout The Town of Millville, and they shall suppress all acts of violence and enforce
all laws relating to the safety of persons and property. They shall compel the enforcement of laws enacted by the
Town Council of The Town of MilIville. In the case of a pursuit of an offender, the power and authority of the
police force shall extend outside the territorial limitations of The Town of
fel Every person sentenced to imprisonment by a Justice of the Peace, as the case may be, shall be
delivered by a member of the police force to the correctional institution located in Sussex County to be there
imprisoned for the term of his or her sentence.
(d) In the case of an arrest at any ume, the person arrested may be taken before the nearest Justice of the
Peace with officers in Sussex County who shall hear and determine the charge, and who. in such case, is vested with
all die authority and powers granted by this Charter. In the case of an arrest at a time when a Justice of the Peace
shall not be available to hear and determine the charge, the person arrested may be delivered to the correctional
institution located in Sussex County for imprisonment until such reasonable time thereafter as shall enable a Justice
of die Peace to hear and determine the charge against such person.
It shall be the duty of the police force to suppress riotous, disorderly or turbulent
assemblages of persons in the streets of the Town or the noisy conduct of any person in the same,
and upon the view of the above or upon view of the violation of any Ordinances of the Town
relating to peace and good order thereof, the police force shall have the right and power to arrest
without warrant.
ANNUAL AUDIT
Section 23. At the annual meeting herembetbre provided. the Mayor, with the advice and consent of a
majority of the elected members of the Town Council, may appoint an accountant to be the auditor of accounts of
The Town of Manville. It shall be the duty of the auditor to audit the accounts of the Town and all its officers
whose duty Involves the collection, custody and payment of moneys to the Town. The auditor shall on or before
the expiration of ninety (90) days from the end of the fiscal year annually make and deliver a detailed report orally
and all accounts, records, and books by them examined and audited which report under his or her hand and seal
shall be printed in a newspaper having a general circulation in the Town in the issue immediately preceding die
annual report. The auditor, in the performance of his or her duties, shall have access to all records and accounts of
the offices of the Town Council and he is hereby authorized and empowered to employ such clerks as in his or her
_ judgment may he necessary in the proper performance of his or het duties.
BOARD OF ASSESSMENT
Section 24.(a) The Board of Assessment may be appointed by the Mayor of The Town of 10111%111e. with
the advice and consent of a majority of the elected members of the Town Council for an indefinite term. The Board
or Assessment shall consist of three (3) members, all of whom shall be over the age of twenty-one (21) years. bona
fide residents of The Town of Millvitle and freeholders of the Town.
(b) They shall be sworn or affirmed by the Mayor of The Town of Mtllvulle or by a Notary Public to
perform their duties with fidelity and without favor. It shall be their duty to make a fair and impartial assessment of
property and persons subject to taxation situtate within the corporate limits of the Town and to perform such other
duties and reference thereto as shall be prescribed from time to time by the Town Council of The Town orIvIdlville.
Compensation lobe by them received for the performance of then duties m the hiring or employees to assist them in
the performance of their duties shall be fixed by and subject to the approval of the Town ('ouncil of The Town Of
M
In making such assessment, the- rules and exemptions now applicable by law to the making of the
assessment (hr Sussex County of persons and property shall be applicable insofar as consistent with the provisions
of this Charter.
Adoption or Sussex County assessments. The Town Council may elect to use the assessment by the
Sussex County Board or Assessment for all property located within the corporate limits or the Town in lieu of
making its own independent valuation and assessment of such property. In such event, the assessed values
established by Sussex County shall be conclusive for purposes of levying town taxes. and the Town Council shall
have no authority to hear appeals regarding the same. if the Town Council elects to adopt the Sussex County
Assessments, only this section and Subsection (e) shall have effect; but die Town Council has the authority to
consider appeals concerning any additions to tax bills IllIdef Subsection (oat any regular or special meeting.
Cc) Additions to Tax Bills, Whether utilizing the Sussex County assessments or those prepared by the
lown's own Board of Assessment, the Town Council shall annually, prior to the posting of tlw assessment list, by
513
Chapter 278
Vol. 72
resolution, provide for the Mayor a list of any and all charges, costs or other assessments owed to the Town, which
list of charges incurred shall include, but not be limited to, the following: water bond sinking funds assessments,
curb and gutter assessments, water assessments, weed and grass cutting bills, trash collection bills, and past due
water rents. Said amounts, when adopted and set forth by resolution of the Mayor and Council, shall bc shown on
the copies of the assessments posted pursuant to the provisions of Section 25 of this Chapter.
ASSESSMENT OF TAXES
Section 25. The Board of Assessment shall, within ninety (90) days prior to the beginning of the next
fiscal year, make a Just, true and impartial annual valuation or assessment of all real estate and improvements
located thereon located within The Town of Miliville. All real estate shall be described with sufficient particularity
to be identified. Real estate shall be assessed to the owner or owners if he or they be known. If the owner or owners
of real estate cannot be found or ascertained, it may be assessed to "Owner Unknown." A mistake it, the name of the
owner or owners or a wrong name or an assessment to "Owner Unknown." shall not affect the validity of the
assessment of any municipal tax or assessment based thereon; Provided, however, the assessment shall specify the
last record owner or owners thereof as the same shall appear from the records in the Office of the Recorder of
Deeds, in and for Sussex County. The Board of Assessment shall also make a personal assessment of all male and
female citizens of the Town above the age of Eighteen (18) years, whether an owner of real estate or not; said
personal assessment shall be determined by the Town Council and certified to the Board of Assessment. Said
personal assessment or per capita tax shall be in addition to the assessment levied on real estate owned or assessed
by any person or persons whomsoever.
(a) The Board of Assessment, after making such annual assessment, shall, at least ninety (90) days prior to
the end of the fiscal year, deliver to the Town Council of The Town of Millville a list containing the names of all
persons assessed and the amount of assessment against each. They shall also deliver at such time as many copies of
said list as the Town Council shall direct.
(b) The annual assessment shall distinguish the real and personal assessment of each person and shall also
be arranged so that the land, the improvements thereon, and the per capita assessment shall appear in separate
columns or spaces. In making this assessment, the Board shall make its valuation accordingly.
tc) The real property of the several members of the Board of Assessment shall be assessed by the Town
Council of The Town of Millville.
Immediately upon receiving the annual assessment list from the Board of Assessment, the Town
Council of The Town of Millville shall cause a full and complete copy of the same, containing the amount assessed
to each taxable to be hung in a public place in The Town of Millville and there it shall remain for a period of at least
ten (10) days for the information of and examination by all concerned. Appended thereto and also in five (5) or
more public places in said Town shall be posted notices advertising to all concerned that, upon a certain day
mentioned therein and not earlier than ten (10) days after the date of posting of the true and correct copy of the
annual assessment list and notices that, at the next regular meeting of the Town Council, the Town Council will hold
a court of appeals at which time and place they shall hear appeals from the said annual assessment. The decision of
the Town Council sitting as the Board of Appeals shall be final and conclusive and said Town Council shall revise
and complete said assessment at this sitting. No member of the Town Council shall sit upon Ins or her own appeal
but the same shall be heard and determined by the other councilmen.
All the members of the Board of Assessment shall be present on the day fixed for hearing appeals and
shall furnish to the Town Council such information and answer such questions as the Town Council may require in
respect to any assessment for which an appeal has been taken. The Town Council shall have the authority to enforce
the attendance of the Board of Assessment by appropriate process.
SUPPLEMENTAL ASSESSMENT
Section 26. (a) In addition to the annual assessment provided for in Section 25 of this Charter, the Board
of Assessment may, at its option, prepares quarterly supplemental assessment list for any of the following purposes:
I. Adding property which was not included on the first annual assessment:
Increasing the assessed value of property which was included in the last assessment.
Correcting errors on the prior annual assessment;
Revising or modifying any exception from taxation applicable to property within die Town;
(b) The supplemental assessment list shall be prepared quarterly by the Board of Assessment.
(c) On the date of certification of the supplemental assessment list of the Town Council by Ow Board of
Assessment each property owner shall be liable for the payment of real estate taxes equal to the assessed value attic
property multiplied by the tax rate for the then current fiscal year applicable to the property reduced by twenty-live
percent (25%) when the property is listed on the second supplemental assessment list, tiny percent (50%) when the
property is listed on the thud supplemental assessment list and by seventy-five percent (75%) when the property is
listed on the fourth supplemental assessment list and the amount of such tax, together with any interest, penalty and
collection charge shall be a lien for a period of ten (10) years and such lien shall have preference and priority to all
514
Chapter 278
Vol.72
other created hens on real estate or upon improvements located on land under lease as prescribed in the Charter or
suffered by said property owner although such lien or liens be of a date prior to the time of the attaching of such lien
for taxes.
Whenever the Board of Assessment places a property on a supplemental assessment list, lie shall
deposit notice thereof in the regular mail addressed to the owner of the property affected thereby at the address
shown on the assessment list, or if the address of such owner does not appear on the assessment list, then to the
person occupying the property, or if there is no apparent occupant, such notice shall be posted on the property. Such
notice shall be given no later than the date on which the supplemental list on which the property appears is certified
to the Town Council by the Board of Assessment. The certification by the Board of Assessment that the notice
required by this Subsection was mailed or posted, as the case may be, shall be conclusive evidence that notice to the
property owner was received.
The Board of Assessment shall publish a notice of the place or places where the supplemental
assessment list may be inspected together with a notice of the time and place in the Town when the Town Council,
not earlier than ten (10) days from the date of the last publication, shall sit, between the hours of one o'clock in the
afternoon, prevailing time and five o'clock in the afternoon, prevailing time, to hear appeals. Such notice shall
appear at least once a week for two (2) consecutive weeks in a newspaper of general circulation in the Town. The
decision of the Town Council sitting as a Board of Appeals, shall be final and conclusive and the said Town Council
shall revise and complete the said supplemental assessment at this sitting. Neither the Mayor nor any member of the
Town Council shall sit upon his or her appeal but the same shall be held and determined by the other members of the
Town Council.
(I) Pending determination of the appeal, the property owner may either pay the tax imposed by the
supplemental assessment and if on appeal the assessment is reduced, the property owner shall be entitled to a refund
of the taxes which he has overpaid plus interest thereon at the rate of one percent ( I%) per month for each month or
fraction thereof front the date of payment or the property owner may decline to pay the tax imposed by the
supplemental assessment in which case, interest and penalties shall accrue at the rate of one percent (1 %) per month
for each month or fraction thereof that the taxes remain unpaid from the expiration of thirty (30) days following the
date of-mailing or the posting of the notice, as the case may be, required by this Section.
In the collection of all taxes imposed by the supplemental assessment list, the Town Clerk shall deduct
four percent (4%) from the amount of taxes assessed against the real property of any property owner if the property
is listed on the second supplemental assessment list, a credit of two and one-half percent (2-1/2%) if property is
listed on the third supplemental assessment list, and a credit of two (2%) if the property is listed on the fourth
supplemental assessment list and is paid within thirty (30) days following the date of mailing of the notice by the
Board of Assessment to the owner of the property.
All taxes imposed by the supplemental assessment list paid more than thirty (30) days following the
date that notice is mailed by the Board of Assessment to the property owner as provided for in this Section shall be
delinquent.
TAXATION OF REAL ESTATE TRANSFERS
Section 27. (a) The Town Council of the Town of Millville, in addition to all other powers conferred upon
It by this Act. shall have the power and authority by ordinance or ordinances to levy, assess and collect or provide
for the levying, assessment and collection of such taxes as shall be determined by the Town Council to be paid by
flie transferor or transferee upon the transfer of real property or any interest in real property situate within the
corporate Inuits of the Town of Millville, regardless of where the instruments making the transfers are made,
executed or delivered or where the actual settlements on such transfers occur; provided however, that no tax shall be
levied upon an organization exempted from ad valorem real estate taxes.
If the taxing power authority granted under this Section shall be exercised by way ola stamp affixed to
a document presented for recording, the Recorder of Deeds, in and for Sussex County, shall not receive for record
any document subject to such tax unless such stamps are affixed thereto.
The Town COLIIICII of the Town of Millville may adopt an ordinance or ordinances to provide for the
eflective administration and regulation of any tax adopted pursuant to the provisions of this Section.
No tax levied under this Section shall exceed one and one-half percent (I Z.%) of the sale price
(including the value of any assumed mortgage or mortgages) or of the fair market value of the real property so
transferred: and provided however. that no tax shall be imposed upon an organization which is exempted front ad
valorem taxes, The provisions of Section 5401 and Section 5403, Chapter 54, Title 30, Del. C'., shall be applicable
to any realty transfer tax imposed pursuant to this Act.
The Town Council may provide by Ordinance for the collection-of such tax by the Recorder of Deeds,
in and for Sussex County, or such other agent as may be appointed by the Town Council and shall prescribe in such
Ordinance the charge that will be paid for such collection of such realty transfer tax authorized by this Section.
LEVY OF ANNUAL TAXES
515
Chapter 278
Vol.72
Section 28. (a) At the last regular meeting in the fiscal year, after having revised and completed the
assessment, the Town Council shall determine, in its best judgment and knowledge, the total amount necessary to be
raised by the Town to meet the fixed and anticipated expenses and obligations of the Town, including reasonable
and appropriate reserves; for the then current fiscal year as set forth in the Town Budget for such year plus a
reasonable amount to cover unanticipated expenses and emergencies.
(b) The Town Council should then proceed to determine, in its sole discretion, from which sources of the
authorized revenues of the Town the amount so determined by them shall be raised and, within the limits prescribed
by this Charter with respect to any such source, the amount to be raised from each such source. They shall then
proceed to determine, assess, fix and/or levy as follows:
(I) The rate of tax on real estate including improvements thereon per One Ilundred Dollars
($100.00) of the assessed value; and/or
The amount of personal or per capita tax upon each citizen of the Town over the age of
eighteen (I8) years; and/or
The rate of tax upon all poles, construction, erections, wires and appliances more
particularly mentioned, or intended so to be in Section 30 of this Charter as amended; and/or
The several license fees to be charged for carrying on or conducting of the several businesses,
professions or occupations more particularly mentioned or intended so to be in this Charter, as amended:
and/or
The several rates to be charged for furnishing water service, sewer service, electric service.
gas service, front footage assessment; and/or
The fees or rates to be charged in respect to any other authorized source of revenue sufficient
to their judgment and estimation to realize the amount to be raised from each such source determined by
them to be used as aforesaid; PROVIDED. HOWEVER, that sources (4), (5) and (6) aforementioned may
be determined, fixed, assessed, levied and/or altered or changed upon other than a fiscal-year basis and that
any regular or special meeting of the Town Council as the Town Council, in its own proper discretion, shall
determine.
(c) Immediately after the last regular meeting prior to the end of the fiscal year of each and every year, the
Town Council shall make, or cause to be made, a full, true and correct Annual Tax List showing the amount of tax
levied against each taxable thereon from sources II), (2) and (3) above mentioned. This list shall be known as the
Annual Tax List of The Town of M(llville. In addition to the information contained in the assessment list. it shall -
also contain information as to the rate of tax upon real estate for each One I kindred Dollars ($100.00) of assessed
valuation thereof.
(d) The Town Council shall cause to be delivered to the Treasurer a duplicate of said Annual fax List and
the Treasurer shall immediately proceed to collect the same as hereinafter provided.
(e) Nothing contained in this Charter shall be construed to affect or Impair in any way the validity of any
tax, fee, assessment or other charge lawfully levied, assessed or due The Town of Millville under existing laws in
reference to said Town and the same are hereby declared to be valid, binding and vested in The "'Own of Millville
created hereby.
COLLECTION OF ANNUAL 'IA XES
Section 29.(a) The Treasurer, as soon as the Town Council shall have placed in his or her hands a duplicate
Annual Tax List, shall proceed at once to collect the taxes on said duplicate list.
All taxes so laid or imposed by The Town of Millville in such Annual Tax List shall be and constitute a
lien upon all the real estate of the taxable for a period of ten (10) years against or upon whom such taxes are laid or
imposed, of which such taxable was seized or possessed at any time after such taxes shall have been levied and
imposed that is situate within The Town of Millville. Such lien shall_ have preference and priority to all other liens
on such real estate, as aforesaid, created or suffered by the said taxable, although such lien or liens be of a time and
date prior to the time of the attaching of such lien of taxes.
All taxes, when and as collected by the Treasurer, shall be paid to The Town of Mihhvilhe. and all taxes
shall be due and payable at and front the time of the delivery of the Annual Tax List to the Treasurer.
All taxes shall be payable at the Town Office of "Ilw "(Own of Millville during the regular business
hours of that office.
In the collection of said taxes, all taxes paid after the expiration of ninety (90) days from the beginning
of the fiscal year shall be delinquent. The Town Council shall have the power to :nuke just allowances foi
delinquencies in the collection of taxes. Ott all taxes paid on or after the expiration of ninety (90) days next
succeeding the delivery of the duplicate Amulet tax List to the Treasurer, there shall be added interest at the rate of
0.5% per niontli and an additional sum of I"A per mouth as a penalty for each month or fraction thereof such taxes
shall remain unpaid and said penalties shall be collected in the same manner as the original amount of the tax. All
taxes unpaid after the expiration of ninety (90) days from the beginning of the fiscal year of The 'town of Millville
516
Chapter 278
V01.72
shall be considered delinquent. In effecting a collection of any delinquent tax the Town Council may impose a
collection charge not to exceed eighteen percent (18%) of the amount of the tax and any interest or penalty imposed
thereon.
At the annual meeting of the Town Council of each year, the shall account to the Town Council for all
taxes and sewer rentals collected by him or her during the year and shall be liable on his or her bond for failure to
account for any uncollected taxes or sewer rentals unless he or she can show to the satisfaction of the Town Council
that all remedies permitted for die collection of said taxes tvere pursued without result or, if not pursued the
remedies would have been without avail.
The Treasurer, when any tax has become delinquent, may, in the name of The Town of Millville,
institute suit before any Justice of the Peace or in the Court of Common Pleas of the State of Delaware, in and for
Sussex County, or in the Superior Court of the State of Delaware, in and for Sussex County, for the recovery of the
unpaid tax in an action of debt, and upon judgment obtained, may sue out writs of execution as in the case of other
judgments recovered before a Justice of die Peace or in the Court of Common Pleas, or in the Superior Court as the
case may be.
However, should the Treasurer so elect, he or she is empowered to sell the (studs and tenements of the
delinquent taxpayer or the lands and tenements of a delinquent taxpayer alienated subsequent to the levy of the tax
by the following procedure:
( I ) The Treasurer shall present in the name of The Tmvii of Millville to the Superior Court of the
State of Delaware, in and for Sussex County, a petition in which shall be stated:
The name of the taxable;
The year for which the tax was levied;
The rate of tax;
The total amount due;
The date from which interest and the penalty for nonpayment shall commence and
the rate of such interest and penalty and any collection charge permitted;
A reasonable, precise description of die lands and tenements proposed to be sold;
A statement that the bill of said tax has been mailed to the taxable at his or her last
known post office address with return receipt requested by certified mail and postage prepaid;
(I-1) That it has been found impractical to attempt to collect the said tax by any other
remedy hereinbefore provided. The petition shall be signed by the Treasurer and shall be verified
before a Notary Public.
At least ten ( 10) days prior to the filing of any such petition as described herein, the Treasurer
shall deposit in the mail in a sealed and stamped envelope and addressed to the taxable at his or her last
known address requiring a registered receipt returnable, an itemized statement of the tax due, together with
all interest, penalties, collection charges, and costs then due thereon, together with a notice to the
delinquent taxpayer that he shall proceed to sell the lands and tenements of the taxpayer for the payment of
the tax. The Treasurer shall exhibit the return registry receipt to the Court by filing the same with the
petition; provided, however, that if the taxpayer cannot be found, it shall be sufficient for the Treasurer to
file with said petition the evidence that such statement has been mailed in accordance with this Subsection
and has been returned.
Upon the tiling of the petition, the Prothonotary shall record the same in a property indexed
record of the Superior Court, in and for Sussex County, and shall endorse upon the said record of said
petition the following: 'This petition, filed the day or , A.D., , and the Treasurer of The
Town of Millville is hereby _authorized to proceed to sell the lands and tenements herein mentioned or a
sufficient part thereof as may be necessary for the payment of the amount due-" This endorsement shall be
signed by the Prothonotary.
Any sales lands and tenements of a delinquent taxpayer shall be advertised III tire (5)
public places in The Town of Millville, one of said public places shall be the Town Office and by printing
the notice of said sale at least one (I) time in a newspaper of general circulation in the Town. The notice
shall contain the day, hour, place of sale and a short description of the premises sufficient to identify the
same. The handbills shall be posted at least ten (10) days before the day fixed for the sale and the
newspaper advertisement shall be published at least one (I) week before the day of the sale.
Each sale of lands and tenements shall be returned to the Superior Court of the State of
Delaware, in and for Sussex County, at the next term thereof following the sale, and the Court shall inquire
into the circumstances and either approve or set aside the sale. If the sale be approved, the Treasurer
making the sale shall make a deed to the purchaser wl»ch shall convey the right, title and interest of the
delinquent taxpayer or his or her alienee; if the sale be set aside, the Superior Court may order another sale
517
Chapter 278
Vol.72
and so on until the tax be collected. The petition, return and deed shall be presumptive evidence of the
regularity of the proceedings.
No sale shall be approved by the Superior Court if the owner be ready at court to pay the
taxes, penalty, collection fees and costs, no deed shall be made until the expiration of one (1) year from the
date of the sale within which time the owner, his or her heirs, executors, or assigns, shall have the power to
redeem the lands on payment to the purchaser, his or her personal representatives or assigns, the costs, the
amount of the purchase price, and twenty percent (20%) interest thereon and the expense of having the
deed prepared.
After satisfying the tax due and the costs of expense of sale from the proceeds of sale, the
amount remaining shall be paid to the owner of the land, upon the refusal of the said owni.r to accept said
residue, or if the owner is unknown or cannot be found, the amount remaining shall be deposited in some
bank in The Town of Millville, either to the credit of the owner or in a manner in which the fund may be
identified.
In the sale of lands for payment of delinquent taxes, the costs shall be allowed to be deducted
from the proceeds of the sale or chargeable against the owner, as the case may be, including but not limited
to charges of the Prothonotary, The Town of Millville, cost of printing and posting hand bills, the
publication of the advertisement of sale in one or more newspapers, the auctioneer's fee and attorney's fees
incurred by The Town of Millville. The costs of the deed will not be chargeable as costs, but shall be aid by
the purchaser of the property of the delinquent taxpayer. The total of any-Delaware and municipal transfer
tax shall be paid by the purchaser of said lands at the tax sale.
If the owner of any lands and tenements against which a tax shall be levied and assessed shall
be unknown, this fact shall be stated in the advertisement of sale.
If any person is assessed for several parcels of land and tenements in the same assessment in
The Town of Millville, the total of said taxes may be collected from the sale of any part or portion of said
lands and tenements, provided that the land alienated by the delinquent taxpayer shall not be sold until
other property of the taxpayer shall have been disposed of and there still remains a delinquency.
In the event of death, resignation or removal from office of the Treasurer of The Town of
Millville before the proceedings for the sale of lands shall have been completed, his or her successor in
office shall succeed to all of his or her powers, rights, and duties in respect to said sale. In the event of the
death of the purchaser of said sale prior to his or her receiving a deed for the property purchased thereat, the
person having right under him by consent, devise, assignment, or otherwise, may refer to the Superior
Court of the State of Delaware, in and for Sussex County, a petition representing the facts and praying for
an order authorizing and requiring the Treasurer to execute and acknowledge a deed conveying to the
petitioner the premises so sold or a just portion thereof; and thereupon the court may make such order
touching the conveyance of the premises as shall be according to justice and equity.
The Treasurer shall have the same right to require the aid or assistance of any person or
persons in the performance or his or her duty of sale which the Sheriff of Sussex County now has by law or
may hereafter have.
In additional to all of the remedies methods and authorities for the collection of taxes, the Tax
Collector shall have the same rights in the collection of taxes as the Tax Collector or Receiver of Taxes as
Sussex County now has by law or may hereafter have, including the monition method for the collection of
such taxes.
TOWN BUDGET
Section 30.(a) The fiscal year for The Town of Millville shall be as determined by Resolution of the Town
Council.
Annually each year and not later than ninety t 90) days prior to the beginning of the next fiscal year, the
Treasurer shall prepare a rough draft of the Town Budget. From this rough draft, the Town Council shall not later
than the regular meeting following the presentation of the rough draft prepared of the Town Budget, containing the
financial plan for conducting the affairs of the Town for the ensuing fiscal year.
The budget shall contain the following information:
( I) A detailed estimate showing the expense of conducting each department and office of the
Town for the ensuing fiscal year;
'The value of supplies and materials on hand, together with the nature and kind of machinery
or other implements and the condition thereof;
The amount of the debt of the Town, together with the schedule of maturities of Bond issues;
An itemized statement of all other estimated expenses to be incurred in the affairs of the Town
for the ensuing fiscal year;
518
Chapter 278
Vol.72
(5) A statement of the amount required for interest on the bonded debt, the amount necessary to
pay any bond maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds".
(6) An estimate of the amount of money to be received from taxes, water rents, sewer service charges.
front foot assessments, license fees and all other anticipated income of the Town from any source or
sources whatsoever.
(d) The Town Council shall, so far as possible, adhere to the budget so adopted in the making of
appropriations.
ENUMERATION OF POWERS
Section 31.(a) Not by way of limitation upon the power vested in the Town Council of The Town of
Millville to exercise all powers delegated by this Charter to the municipal corporation or to the Town Council except
as may expressly appear herein to the contrary, but, rather by way of enumeration and for purposes of clarity, the
Town Council is vested by this Charter with the following powers, to be exercised by the Town Council in the
interest of good government and the safety, health, and public welfare of the Town, its inhabitants and affairs, that is
to say:
( I ) To prevent vice, drunkenness and immorality;
To provide for and preserve the health, peace, safety, cleanliness, ornament, good order and
public welfare of the Town and its inhabitants;
To prohibit all gaming and fraudulent devices;
To prohibit, restrain, license or regulate all public sports, exhibitions, shows, parades.
productions, circuses or other public performances, amusements and games;
To ascertain, locate, lay out, establish, open, change, alter, widen, abandon, regulate the use
and enjoyment of, prevent or remove any obstruction of, level, grade, flag, dress, macadamize, pave.
gravel, shell, improve, dredge, erect, remove, repair or replace any new or present street, highway, lane,
alley, water course, park, lake, crosswalk, wharf, dock, sewer, drain, aqueduct, or pipeline or portion
thereof, or any new or present sidewalk, curb, or glitter or portion thereof in the Town; to specify the grade
thereof, the materials to be used in the doing thereof and the manner in which the same shall be done; to
enter into contracts or agreements for the doing thereof, including contracts or agreements with the State of
Delaware for the permanent maintenance, repair and upkeep of any street, lane, alley, roadway or other
public thoroughfare within the Town;
To regulate or control the observance of the Sabbath Day;
To establish and regulate pounds and to restrain, prohibit and impound any domestic or wild
animal, beast, bird or fowl running at large, and to authorize the destruction of the same;
To locate, regulate, license, restrain or require the removal of slaughter houses. wash houses.
laundries, canning establishments, phosphate, fish, fertilizer and manure plants or establishments, swine
pens, privies, water closets in any businesses or buildings or conditions detrimental to the public health or
constituting a public nuisance or of an offensive or a noxious nature;
- (9) To enforce the removal of ice, snow or dirt or other foreign substance from sidewalks and
gutters by owners or abutting owners;
To prohibit, remove or regulate the erection of any stoop, step, platform, bay window, cellar.
gate, area, descent, sign, post or any other erection or projection in, over, upon or under any street,
highway, alley, lane, water course, park, lake, strand, sidewalk, crosswalk, wharf, dock, sewer, drain.
aqueduct or pipeline of the Town;
To define, prevent, abate or remove nuisances, obstructions or any other condition
detrimental to the public safety, health or welfare;
To provide an ample supply of pure water for the Town and its inhabitants and to this end to
acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and dispose of
wells, reservoirs, pumps, machines, stations, _tanks, standpipes, water mains, fire hydrants and all other
equipment, property or rights used in or about the collection, storage, purification, conveyance, or
distribution or sale of water; to regulate and prescribe for what public or private purposes the water
furnished by The Town of Millville may be used, the manner of its use, the amounts to be paid by the users
thereof, the means whereby such amounts shall be collected and die fines or penalties, or both, for any
willtbl or negligent injury, or damage to or interference with the water system or the equipment of the
Town; to furnish or refuse to furnish water from the Town system to places and properties outside the
Town limits; and to contract for and purchase water and distribute the same to users within or without the
Town with the same full powers as though such water had been initially reduced to usefulness by the
municipality itself
To provide, construct, extend, maintain, manage and control a sewer system andior a sewage
treatment and disposal plant and facilities for the health, sanitation and convenience of the inhabitants of
519
Chapter 278
Vol.72
the Town; to regulate and prescribe for what private or public uses or purposes the system may be used, the
manner of its use, the amounts to be paid by the users thereof, the means whereby such amounts shall be
collected and the fines or penalties or both, for any willful or negligent injury or damage to, or interference
with the said system, plan or facilities. To furnish or refuse to furnish sewer disposal service from the
Town system to places and properties outside the Town limits. In the interest of the public's health, to
compel any and all properties in the Town to be connected to the sewer system of the Town; and to contract
for and purchase sewer disposal service and to resell the same to users within or without the Town with the
same full powers as though such service had been initially provided by the facilities therefor of the Town
To provide, construct, extend, maintain, manage and control the plant and system, or plants
and systems, for the generating, manufacturing and distributing of electric current or gas, or both, to the
inhabitants of the Town and for lighting the streets, highways, lanes, alleys, water courses, parks, take,
strands, sidewalks, crosswalks, wharves, docks, public buildings or other public places in the Town, and to
this end to acquire, lease, erect, construct, maintain, operate, extend, enlarge, renew, replace, control and
dispose of transmission and distribution lines, pipes, mains

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOREITH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1999
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
2000
VOLUME LXXII
Part II